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Latest Articles: U.S. Constitution
Too Many Laws Turn Innocents into Criminals
Post Date: 2016-10-15 12:03:04 by Deckard
40 Comments
America is in the throes of “overcriminalization.”We are making and enforcing far too many criminal laws that create traps for the innocent but unwary, and threaten to turn otherwise respectable, law-abiding citizens into criminals. Consider a few examples from the new book “One Nation Under Arrest”:• A 12-year old girl arrested and handcuffed for eating one French fry on the Washington subway system.• A cancer-ridden grandmother arrested and criminally charged for refusing to trim her hedges the way officials in Palo Alto, Calif., were trying to force her to.• A former high-school science whiz kid sent to prison after initially being ...
Commerce Power: “To Regulate,” not “Prohibit"
Post Date: 2016-09-29 20:50:16 by tpaine
29 Comments
Commerce Power: “To Regulate,” not “Prohibit" In a law review article titled “To Regulate, Not Prohibit: Limiting the Commerce Power,” New York University Law Professor Barry Friedman, and 2011 New York University Law graduate, Genevieve Lakier take on the daunting task of reasserting the historic and genealogical lineage of the Commerce Clause from its inception through the country’s 237 years of existence as a federal republic. This thorough and thoughtful 67 page treatise is broken down into three distinct eras. In the first section, the authors cite numerous uses and misuses of commerce power, including a legal concept allowing the federal ...
After the Republic
Post Date: 2016-09-28 16:19:56 by tpaine
10 Comments
After the Republic By: Angelo M. Codevilla September 27, 2016 Submitver the past half century, the Reagan years notwithstanding, our ruling class’s changing preferences and habits have transformed public and private life in America. As John Marini shows in his essay, “Donald Trump and the American Crisis,” this has resulted in citizens morphing into either this class’s “stakeholders” or its subjects. And, as Publius Decius Mus argues, “America and the West” now are so firmly “on a trajectory toward something very bad” that it is no longer reasonable to hope that “all human outcomes are still possible,” by which he means ...
On Its 229th Birthday, Our Constitution Hangs by a Thread
Post Date: 2016-09-17 20:31:13 by cranky
1 Comments
On this day in 1787, the founders of this nation finished writing a Constitution that in the intervening 229 years has helped make America the greatest nation on earth. When voters go to the polls on Nov. 8, the American people will decide whether that document will continue to serve as the Supreme Law of the Land. America declared its independence from Great Britain in 1776. Then in 1777 the signers of the Declaration adopted the Articles of Confederation, creating a common government that would bind the 13 newly minted states together as a nation, forming a confederation of sovereign states. But it became clear that America would not survive under the Articles. Americans stuck together ...
Coats v. DISH, Colorado APPEALS Court, UPHELD licensed medical marijuana user fired for positive THC test (25 Feb 2013)
Post Date: 2016-09-17 18:08:19 by nolu chan
0 Comments
Coats v. DISH, Colorado APPEALS Court, UPHELD licensed medical marijuana user fired for positive THC test (25 Feb 2013) The trial court order dismissing the Coats suit for failure to state a claim of action may be found at the link below: libertysflame.com/cgi-bin/readart.cgi?ArtNum=47866 The Court of Appeals upheld the trial court's dismissal of the Coats lawsuit. Coats v. DISH, Colorado Ct. App., 2013 COA 62 (25 April 2013) COLORADO COURT OF APPEALS 2013 COA 62 Court of Appeals Nos. 12CA0595 & 12CA1704 Arapahoe County District Court No. 11CV1464 Honorable Elizabeth B. Volz, Judge Brandon Coats, Plaintiff-Appellant, v. Dish Network, L.L.C., Defendant- Appellee. JUDGMENT ...
Brutus #11 - #13 (1788) on the then proposed Constitution
Post Date: 2016-09-16 15:15:37 by nolu chan
1 Comments
Brutus #11 - #13 (1788) on the then proposed Constitution Brutus was an pseudonym, as used by other writers on the proposed Constitution such as Publius who was John Jay, Alexander Hamilton, and James Madison. Brutus was Robert Yates who, along with John Lansing, Jr. and Alexander Hamilton, was a New York delegate to the Constitutional Convention in Philadelphia. Yates was appointed to the New York Supreme Court in 1777 and was an anti-Federalist who opposed the Constitution. Jay, Hamilton, and Madison acted as salesmen for the proposed Constitution, and their sales pitches in the Federalist are often cited and quoted as a sort of gospel regarding the intent of the Framers who were ...
Coats v. DISH, Colorado Trial Court, Case Dismissed, licensed medical marijuana user fired for positive THC test (29 Feb 2012)
Post Date: 2016-09-15 17:47:19 by nolu chan
11 Comments
Brandon Coats v DISH Network, LLC, Dist Ct Arapahoe Cty, CO, 11-CV-1464, ORDER RE DISH NETWORK LLC’S MOTION TO DISMISS (29 Feb 2012) DISTRICT COURT, ARAPAHOE COUNTY STATE OF COLORADO 7325 South Potomac Street Centennial, Colorado 80112 Plaintiff: BRANDON COATS v.Defendant: DISH NETWORK, LLC Case Number: 11-CV-1464 Div. 309 ORDER RE: DISH NETWORK LLC’S MOTION TO DISMISS THIS MATTER comes before the Court on Defendant Dish Network LLC's ("Dish") Motion to Dismiss pursuant to C.R.C.P. Rule 12(b)(5) failure to state a claim. The Court having reviewed the pleadings, file and applicable authorities, hereby Finds and Orders as follows: BACKGROUND On August 12, 2011 ...
How To Destroy America From Within [Full Thread]
Post Date: 2016-09-10 10:48:51 by tpaine
43 Comments
Townhall.com logo SEPTEMBER 10, 2016 How To Destroy America From Within John Hawkins 9/10/2016 12:01:00 AM - John Hawkins As Adam Smith, the Godfather of capitalism, once said, there’s a “great deal of ruin in a nation.” That’s doubly true when you’re talking about a nation like America, the world’s last remaining superpower. How do you destroy a country with a powerful economy, a strong military, and a moral and decent people? It has to be a long, slow process that moves subtly on many simultaneous fronts. If you become too bold, too fast, people will catch onto what you’re doing and even many of your biggest supporters will be forced to distance ...
US court upholds ban on gun sales to marijuana card holders [Full Thread]
Post Date: 2016-09-01 10:13:01 by Deckard
88 Comments
A federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday. The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court’s jurisdiction, including California, Washington and Oregon. It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users. Marijuana remains illegal under federal law, and the federal Bureau of Alcohol, Tobacco, ...
A Candidate's Death Could Delay or Eliminate the Presidential Election
Post Date: 2016-08-30 22:08:33 by cranky
6 Comments
Chaos would ensue if a vacancy emerges near Election Day. American democracy would break new ground if Hillary Clinton or Donald Trump left a presidential ticket vacancy before the Nov. 8 general election. The presidential election could be delayed or scrapped altogether if conspiracy theories become predictive and a candidate dies or drops out before Nov. 8. The perhaps equally startling alternative, if there's enough time: Small groups of people hand-picking a replacement pursuant to obscure party rules. The scenarios have been seriously considered by few outside of the legal community and likely are too morbid for polite discussion in politically mixed company. But prominent law ...
Congressional Testimony: If the Government Is Not Constrained By Law It Is “our revolutionary right to overthrow it”
Post Date: 2016-08-29 07:01:58 by HomerBohn
1 Comments
If you had a chance to make a difference by speaking to the US Congress, would you hold back? Or would you go all out and make what is possibly one of the best speeches ever heard on that floor? Would you go hard or would you go home? Michael F. Cannon went hard. Really, really hard. Cannon is the author of Healthy Competition: What’s Holding Back Health Care and How to Free It and the director of health policy studies for the Cato Institute, “a public policy research organization dedicated to the principles of individual liberty, limited government, free markets and peace.” (And one of the best sources of information around, in my opinion.) He recently testified to the ...
Dopers Meet Reality - U.S. v. Walsh. 6th Cir. (29 Jun 2016
Post Date: 2016-08-25 14:19:08 by nolu chan
13 Comments
Dopers Meet Reality - U.S. v. Walsh. 6th Cir. (29 Jun 2016) http://cases.justia.com/federal/appellate-courts/ca6/15-1569/15-1569-2016-06-29.pdf?ts=1467216038 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-1569 (6th Cir. Jun 29, 2016) United States v. Walsh JANE B. STRANCH, Circuit Judge. NOT RECOMMENDED FOR PUBLICATION ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN OPINION BEFORE: KEITH, COOK, and STRANCH, Circuit Judges. JANE B. STRANCH, Circuit Judge. Phillip Joseph Walsh and Betty Lee Jenkins appeal the final judgments against them on one count of conspiracy to manufacture 100 or more marijuana plants and eleven counts of ...
Citizenship in the Era of Nation-as-a-Service
Post Date: 2016-08-17 08:49:44 by Willie Green
1 Comments
The shock of Brexit may finally disrupt borders and belonging.Somewhere in the depths of the messy and multi-directional fallout of Brexit, an interesting countertrend is crystallizing. Even as millions of voters around the world loudly embrace slogans like “Make America Great Again” or “Vote Leave, Take Control,” the notion of fixed national citizenship has probably never faced such a moment of reshaping. What started as a referendum on political membership for the UK may be the trigger for a radical redefinition of citizenship as a concept in the near future — more like a subscription membership than a birthright.One immediate casualty of Brexit has ...
Who Watches the Watchmen?
Post Date: 2016-08-12 23:34:16 by Deckard
3 Comments
It’s one thing to be told you must obey the law. But what about being told to obey a cop who is acting contrary to the law?This happens routinely – and (usually) without consequences.For the cop, that is.Here are a few examples:In many states, it is still legal to “open carry” – that is, to openly carry a firearm on one’s hip (in a holster) or a rifle slung over one’s back… and so on. That is the law. Cops are supposed to know the law as well as enforce the law.And, more to the point, to be bound by the law. Not infrequently, they enforce their own law with regard to open carry.Many videos of such interactions may be viewed on YouTube ...
Supreme Court Offers Opinion, Doesn’t Make Law
Post Date: 2016-07-30 12:08:53 by tpaine
20 Comments
Supreme Court Offers Opinion, Doesn’t Make Law Whenever state laws are overturned by the Supreme Court, such decisions are often cited as repudiation against any sort of argument for their legitimacy. While case law is regularly debated, the court’s constitutional power to make such reversals is rarely questioned. Courtly precedents are usually referenced in support of such actions rather than a constitutional basis. But the power to offer opinion does not equal the power to make law. While today, most believe that Supreme Court justices carry an aura of infallibility in doing so, that perception was not always so clairvoyant. The Constitution grants very little power to the ...
The O’Jays slam Donald Trump and use of song ‘Love Train’ during Republican National Convention
Post Date: 2016-07-22 12:00:46 by Willie Green
12 Comments
R&B group The O'Jays are decrying the use of their song "Love Train" during the Republican National Convention, including a version remixed as "Trump Train," without the consent of the band. Founding members Eddie Levert and Walter Williams said in a statement Thursday that they were asked to appear at the convention in Cleveland, but rejected the offer and said the candidacy of Republican presidential candidate Donald Trump was "divisive and at odds with the overriding message of their song." Williams said he didn't appreciate being associated with Trump, while Levert went further and said, "I think he just may be the anti-Christ." ...
GOP Platform Calls for Multiple Amendments to the Constitution (Retrofit - BandAids) [Full Thread]
Post Date: 2016-07-20 21:24:56 by Hondo68
58 Comments
Amid all of the fanfare and speechmaking at this year’s Republican National Convention in Cleveland, the party’s “Committee on Arrangements” (as the GOP’s platform committee is now called) unveiled the Republican Platform for 2016. Following a preamble that summarized the party’s basic principles in language that does justice to the work of America’s founding fathers, the platform then goes on to advocate a remedy for several of today’s national problems that some strict constitutionalists will find troubling: the passage of amendments to our Constitution. The platform starts off with lofty, unobjectionable language. Among its most ...
America Demands Law & Order: Trump Has Thumbs On Evil Party’s Windpipe (If RATS Don’t Stab Him In The Back)
Post Date: 2016-07-20 13:34:00 by nativist nationalist
4 Comments
There’s a reason the Main Stream Media/ Lying Press is obsessing on Melania Trump’s alleged plagiarism/ homage: the Trump convention has its thumbs on the Evil Party’s jugular. It’s amazing how irrelevant Hillary Clinton has already become. In the hours after the murder of three police officers in Baton Rouge, Lousiana, Hillary Clinton was silent. However, presumptive Republican nominee Donald Trump had a simple message. “We demand law and order.” When she did break her silence, she went to the NAACP convention to speak out against law and order. As the Republican convention begins, the GOP is focusing on the theme of “Make America Safe ...
Refusing a search is a right, not a provocation (This is just incredible)
Post Date: 2016-07-20 10:26:24 by Deckard
8 Comments
[Waterbury Conn.] Police Chief Vernon L. Riddick Jr. brought a message of cooperation with police to a mostly African-American crowd of more than 200 people at Mount Olive A.M.E. Zion Church on Wednesday night. If an officer stops your car, if they ask to search your person or vehicle, if they demand entry into your home, comply and then complain later to the department’s internal affairs office and police chief’s office if you feel your rights have been violated, Riddick said. I understand the argument that you shouldn’t mouth off to cops. I get the argument that you shouldn’t needlessly provoke them. I certainly agree that you shouldn’t physically ...
Violence Against Law Enforcement on the Rise
Post Date: 2016-07-20 08:33:51 by Justified
1 Comments
Earlier this month, a friend and colleague of mine in law enforcement was shot while pursuing two individuals suspected of robbery and murder. He survived the attack, but several of our law enforcement colleagues who serve to protect the public have not been so lucky. After a confluence of factors contributed to a decrease in violent crime throughout the U.S., dropping from historically high levels of violence in the 1980s and early 1990s, citizens in major cities throughout America have seen their exposure to violent crime drop. Those historic drops in violence, however, have not been extended to the police officers who have greatly contributed to the effective suppression of crime ...
Trump Vs. Ginburg: Why Did The GOP Confirm Her In The First Place?
Post Date: 2016-07-15 10:25:35 by nativist nationalist
8 Comments
“Her mind is shot.” That was the crisp diagnosis of Donald Trump on hearing the opinion of Justice Ruth Bader Ginsburg on the possibility he might become president. Donald J. Trump ✔ @realDonaldTrumpv Justice Ginsburg of the U.S. Supreme Court has embarrassed all by making very dumb political statements about me. Her mind is shot - resign! 9:54 PM - 12 Jul 2016 11,181 11,181 Retweets 33,465 33,465 likes It all began with an interview last week when the justice was asked for her thoughts on a Trump presidency. Ginsburg went on a tear. “I can’t imagine what this place (the Supreme Court) would be—I can’t imagine what the country would be—with ...
Gestapo America
Post Date: 2016-07-14 10:11:23 by Deckard
1 Comments
FBI Director James Comey got Hillary off the hook but wants to put you on it. He is pushing hard for warrantless access to all of your Internet activity. Comey, who would have fit in perfectly with Hitler’s Gestapo, tells Congress that the United States is not safe unless the FBI knows when every American goes online, to whom they are sending emails and from whom they are receiving emails, and knows every website visited by every American. In other words, Comey wants to render null and void the Fourth Amendment of the US Constitution and completely destroy your privacy rights. The reason Washington wants to know everything about everyone is so that Washington can embarrass, ...
Death Blow to Accountabilty: State Bans Public from Seeing Police Body Cam or Dashcam Video
Post Date: 2016-07-14 08:10:22 by Deckard
4 Comments
As if holding police accountable for acts of brutality, killings, and other wrongdoing weren’t difficult enough already, one state just made the effort significantly more cumbersome — by banning public accessibility to footage recorded by police.North Carolina Gov. Pat McCrory signed the law, which says all footage — dash camera video, body cam recordings, both audio and video — will no longer be a matter of public record, making it unavailable even to those appearing in it who may need it to prove police misconduct.Even worse, the law effectively solidifies the notorious Blue Wall between possible victims of police misconduct and the cops who misbehave. “The law ...
Does the 2nd Amendment apply to African Americans?
Post Date: 2016-07-08 12:15:31 by Willie Green
23 Comments
At a demonstration in the convenience store parking lot where Alton Sterling was shot and killed by police two days earlier, one black protester wondered whether blacks and whites really have the same right to carry guns."You tell American citizens that we have a right to bear arms, but when I bear arms, you want to shoot me," Travis Wilson, a chef and father of three, said Thursday morning. He said he doesn’t actually own or carry weapons. But both Sterling, who was killed Tuesday in Baton Rouge, La., and Philando Castile, who was fatally shot the next day by police in Falcon Heights, Minn., were black men who did.Their deaths elicited outrage from activists who claimed ...
When a K-9 died, its handler seemed distraught. But then investigators dug up his back yard.
Post Date: 2016-07-06 11:08:43 by Deckard
2 Comments
Daniel Peabody loved his dogs. At least, that’s the way it looked to students whenever Peabody, a hulking and heavily tattooed school cop, strode into northern Georgia classrooms with a K-9 at his side. The lieutenant loved his animal partners so much that when one dog retired, Peabody promptly adopted him. But Peabody wasn’t the dog savior he portrayed himself to be, authorities say. Instead, the veteran K-9 officer now stands accused of leaving one police dog in a roasting car to die and executing another. On Tuesday, investigators announced that the remains of a third dog — unearthed in Peabody’s back yard — ...
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